It can only lead to further unrest amongst neighbors. The qualifying period differs from state to state, but this is the requirement that undoes many adverse possession claims, because contrary to some popularly held opinion, the qualifying period in most states ranges from a minimum of 10 to 20 years. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. At the same time, you would have a defense, if it was on your property. Having a fence appear on your property can make you angry, and understandably so, but don't make the mistake of ripping down or damaging that fence while the matter is … Even if you can't find evidence of the date of initial encroachment, you can take some comfort in the fact that if you eventually go to court over this issue, it becomes the encroacher's responsibility to establish an initial encroachment date that justifies the claim of adverse possession, not yours to prove that it does not. How should we deal with them? So the neighbor … They seem to be in no rush to solve the problem and remain unapologetic for building on my property,not speaking to neighbors prior to installing a fence, or getting a proper survey. It is his fence, so he's entitled to the pieces. Where the fence may be encroaching by a foot or two, it may be simpler and cheaper for you both simply to have your neighbor sign a quitclaim deed. He actually got the permission of another neighbor, which is my mother’s cousin. Do not, for example, try to tear down the fence yourself. In most cases, you'll need to hire a legally registered surveyor to establish and mark the actual property line. If your neighbor is reluctant to sign a quitclaim deed, you can offer to split the cost of a real estate appraisal if he'll agree to buy the property at its appraised value. What "hostile" means legally differs from state to state. (We are losing part of our side of the property into their yard now) They gave us a quote for exactly the same type of fence that is falling over and we gave a … But the neighbour has the option of building an ugly fence on his side of the property. If so, the encroachment date will not be an issue. As the title suggests, this is a public and legal declaration that your neighbor has no legal claim to the area your neighbor's fence encroaches. These requirements, especially time requirements, vary from state to state. Look for some iron bars to mark property corners (usually buried slightly below ground level), and you may be able to get a half decent idea of where your property is. A caveat, however; make sure you know where your true property … In most cases, an encroaching fence won't qualify, which means that you can demand that your neighbor move the fence and that if he refuses you can take her to court where you'll likely prevail. They concreted over electric cables to back of wooden shed. To avoid a dispute with your neighbor, discuss putting up a fence and be open to their input about what they want it to look like - but only if it will affect their property too. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Now, if you have built your fence on their property, that may be an issue. They may … He won't tell us what he plans to do. Re: My Neighbor is Threatening to Tear Down My Fence Yes, she can legally move her fence after 30 years if she is moving it to a place that is still on her property. it is suppose to be 82 feet in length, but the driveway is only accually 60 ft. level 2 If it's been less than 10 years, then you can remove the fence and charge your neighbor for the cost of restoring your property to the previous condition. The previous owners of our house put up a wooden fence. Before proceeding, you need to know the exact location of the property line. You'll still be able to sell your property with its actual property lines, he'll still have use of the encroaching foot or two and neither of you will have to hire a lawyer. He tore down the fence without consulting us. It can really muddy the waters when you go to seek recourse – courts really don’t like it when people try to take the law into their own hands, and two wrongs don’t make a right. If your survey shows your neighbor installed his fence 2 feet inside your property line, he is trespassing. we have shared property/driveway. Offer to sell your neighbor the encroaching area. Will my student daughter get her tenancy deposit back. The possession must be "actual." neighbor’s encroachment over your property line May 31, 2019 / in Law Review / Tags: Neighbor Encroaching on Property , Prescriptive Easement , Without Permission by Crysta Dwyer A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Do not tear the fence down unless your neighbor agrees or you get a court order. If it is on their property they can tell you what you can or can't do. Fiona McNulty is a solicitor specialising in residential property. In a few instances, the encroachment may have been long-standing. You could show them the survey and ask that they agree the fence does not reflect a true property line and can be removed. My question involves personal property located in the State of: califorina I have a shared fence in disrepair along a shared property lines. Fence companies usually install a … In fact, they seem to have encroached on our land by about a third of a metre. Follow us on Twitter @HomesProperty, Facebook and Instagram, Landlords who don't do this check on all tenants can be fined £3,000. When this reality sinks in, your neighbor may finally agree to one of the compromises you've offered. The fence was attached to our neighbors house and the other end was attached to our garage. While I don’t care so much about the shed itself, which is small, it has occurred to me that he could claim adverse possession over the whole path leading up to the shed, as well as the land under the shed. If you were to tear down the fence and it was on their property, they could sue you for damages. Most involve reasonable and relatively painless compromises, but if all else fails you may have to sue. “Formalise it into a notice to fence,” Thexton says. But just from experience our current neighbors wanted to tear down our fence but it was more on our side and we didnt want to so the nighbors ended up putting a double privacy fence around their side. In some instances, unambiguous markers from an earlier survey establish that. Again, building an encroaching fence fully qualifies. Should they sell up and move, give the same notice to the new owners. Favorite Answer You have a document from a surveyor that states that the fence in on you property. Related article: How to safely tear down an old fence. If you want to move a fence that is not yours but on your land, you best talk to the neighbor first. Read More: How to Write an Encroachment Notice. 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